BROCKTON – There is little police say they can do in connection with Wednesday’s accident, in which a driver struck a 7-year-old boy, took off and then came back after being chased down by the boy’s father. Authorities said that by the time they arrived, the 62-year-old driver was at the scene and cooperated with police. He was neither arrested nor issued a citation in the accident that police said was caused by the boy running into the man’s car.

“He may have left, but he was there for the police and he made himself known,” said Brockton Police Lt. John Crowley. “It sounds like it was an unfortunate accident.”

Parents of the 7-year-old boy, Victor Gomes, or “Cookies,” as he is nicknamed, said they remain “angry” and “disappointed” with Brockton police who, they say, have yet to contact them to get their side of what happened three days ago.

“He’s the one who hit my son and broke his leg in two places and his story is the only one that matters,” said Victor’s mother, Fatima Resende. “How come we don’t matter in this case? That’s my concern. They didn’t speak to me. They only heard what he had to say.”

When briefed on the case on Friday, Police Chief Robert Hayden said he would have the matter looked into further.

Despite the fact that police elected not to arrest the driver that day, Mark Petti, an attorney who specializes in personal injury law, said all hope is not lost.

“If they (law enforcement) feel that questions have come up that have to be answered, they will file a return of summons,” he said referring to the legal process that commands the defendant to appear for a hearing to determine whether charges may be filed.

In the meantime, he said, Resende should preserve all the evidence related to the case and follow up with police.

With some traffic offenses – in which no traffic laws were broken – unless a police officer personally witnesses the alleged behavior, there is no legal recourse nor does law enforcement have the authority to act, said Mitch Librett, a professor of criminal justice at Bridgewater State University and a former police officer.

“It’s a horse of a different color. If the person is present by the time police respond, it’s one of those offenses they (police) would have had to witness,” he said.

“Other than distributing pitchforks and feathers and tar, there’s not much that can be done. But I would feel the same way (as Resende) if I was a parent,” Librett said.

Page 2 of 2 - This, however, does not prevent the allegedly slighted party, in this case Victor’s parents, from filing a civil lawsuit, he added.

About 4:15 p.m. Wednesday, Victor, and his father, after whom he is named, were crossing the street near 133 Main St.

As they walked, the boy darted in front of his father, who warned him to slow down. The boy barely made it to the yellow line when like a “bat out of hell,” the car crashed into him, according to a witness, Lisa Maloney, who watched the events unfold as she drove behind the SUV that day.

The driver stopped, got out of his car and watched them for a few minutes before speeding away, Resende said.

Seeing that, the elder Gomes jumped in his own car and chased the man for several blocks, before the driver agreed to return.

“He knew something happened because he came back,” said Lt. Crowley. “He did the right thing because he came back.”

Resende said she could have accepted what happened to her son if the driver stopped and apologized.

“Accidents happen, I understand that but, God forbid, I hit an animal or something, I’m going to see if that animal is OK,” she said. “I would apologize to the owner. I wouldn’t leave and let someone chase me. He hit a human being.”